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Posted

Hi all Vjers

it's been a long time i have'nt been here, i hope every one got whatever he wants.

heres my question.

my daughter was born outside the us, and my U.S citizen wife applied for an immigartion visa for her and they issued the visa on my daughter's passport couple days ago, which is CR-2.

now i dont know what will happen, they supposed to fly to the U.S at the end of Nov, 2008

the question is, are the USCIS gonna send a green card with expiration date or what

because im sooooooo confused about this type of visas, i read somewhere else that they will issue here the citizenship at the port of entry.

but im not sure about that.

so what do you think about the next process and when can we apply for the naturalization for her.

i wanna give more details about this case before anybody might get confused just like me.

my wife is a U.S. citizen but she lived in the states till age of 4 years then she moved with her parents to another country.

and she got birth our daughter outside the U.S., when we tried to apply for the citizenship for her abroad via the embassy, the immigartion officer told us that there is some residency conditions must held, i.e. to let my daughter get the citizenship automatically, her mother supposed to live in the U.S for 5 years two of which after the age of 14, and unfortunatily she does't meet these residency requirements, so thats why they asked us to apply I-130 for our daughter, and they approved it then they approved the DS-230(by the way ther is no Affidavit of support here; so we filled I-864w, which is the excemption) then they issued the visa for her.

i read something about child act 2000, but i didnt get that to be honest with you.

if you read that act requirements, you would read that if the petitioner for the citizenship doesnt meet the residency requirements they would look at the grandparent if they do meet those requirements and in my case, Fortunatily my mother in law lived in the U.S for most of her life.

is ther anybody who knows about this type of visa; CR-2 and that act

i would appreciate any help you would provide

-Rami :unsure:

Posted

It seems that no body is interested, or my post is so complicated

but its not, im asking about the next step when my family would follow me to the US at the end of this month

especially my daughter which is only 7 months old and will come through a CR-2 visa

thank you guys

and sorry for the inconvemience.

-Rami

Filed: Citizen (apr) Country: Canada
Timeline
Posted

What does the child citizenship act say?

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Posted
What does the child citizenship act say?

Hello canadian wife,

The Child Citizenship Act of 2000 allows certain foreign-born, biological and adopted children of American citizens to acquire American citizenship automatically. These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs).

this is what that act is all about, but im still confused. and dont know where to go when my family will arrive to complete the process for the citizenship

thanks anyway Ms Canadian

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Sorry, I cannot help. I have NO idea about child citizenship, I am barely surviving learning about spousal green cards.

So if the child citizenship act applied to you, why didn't they embassy immigration officer help you?

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Posted

in the following link you would find everything about this act.

but if you read there, you'll read the question if you are supposed to apply for the certificate of citizenship or not, but they said its might be possible to apply for the U.S. passport if the child meet some requirements (4 requirements below):

1- Proof of the child''s relationship to the American citizen parent.(foriegn born certificate)

2-The child''s foreign passport showing the I-551 stamp , or the child''s permanent resident card (green card);

3-Proof of identity of the American citizen parent(s)

4-Passport application, passport photographs and fees. Go to Passport Services for forms and full instructions

but when i went to the passport services website, i found too many scenarios and i dont know which one is my daughter's situation.

thats why im confused.

Posted
Sorry, I cannot help. I have NO idea about child citizenship, I am barely surviving learning about spousal green cards.

So if the child citizenship act applied to you, why didn't they embassy immigration officer help you?

Looooooooool

i can help you in your spouse's green card if you want to, i went thru Cr-1 visa one year ago, and now im in the US waiting for my family

ur question about the embassy, believe me you dont need any consular officer to help you out with anything

they barely know there internal policy and instructions

so how comes, nobody in they embassy know anything about the US paperwork procedures.

Good luck :thumbs:

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Perhaps you should consult a lawyer then

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Other Country: Philippines
Timeline
Posted

From the USCIS site:

Citizenship of Children

The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli.

Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents). The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act.

In addition, Each year, many people adopt children from outside the U.S. The Child Citizenship Act of 2000 (CCA) grants those children the ability to automatically become U.S. citizens when they immigrate to the United States.

---

That really clears things up! I don't think the CCA of 2000 applies because this isn't an adopted child. However, you stated that it applies to more than adopted children, so I may be wrong.

A CR-2 visa is a Conditional Resident Visa. This is based on the length of Marriage. If less than two years, then It is a CR-2, if more, then it should be an IR-2 visa. Since your wife is a USC, why is marriage being considered? It could be because of residency requirements, but I'm not sure. In any case, I think that the GC is supposed to show up in the mail before the visa expires, and all you should need to do is keep it current.

The catch is that the CR-2 would require a petition to remove conditions, in two years. The IR-1 should give you a Permanent Resident card good for ten years. Maybe, it doesn't really matter, because with the GC you should be able to get her citizenship as soon as she gets here.

Somebody help me out, I'm doing the IR-2 route for my step-daughter, but this is not quite the same situation.

You mentioned that your wife is a USC, are you? What is your status? If you are both USC, and the child is yours, then I think that the process should have been much easier. I think that there might have been an easier path. In any case, I think you are in good shape based on what you have said so far...

Chuck B.

Posted
From the USCIS site:

Citizenship of Children

The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli.

Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents). The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act.

In addition, Each year, many people adopt children from outside the U.S. The Child Citizenship Act of 2000 (CCA) grants those children the ability to automatically become U.S. citizens when they immigrate to the United States.

---

That really clears things up! I don't think the CCA of 2000 applies because this isn't an adopted child. However, you stated that it applies to more than adopted children, so I may be wrong.

A CR-2 visa is a Conditional Resident Visa. This is based on the length of Marriage. If less than two years, then It is a CR-2, if more, then it should be an IR-2 visa. Since your wife is a USC, why is marriage being considered? It could be because of residency requirements, but I'm not sure. In any case, I think that the GC is supposed to show up in the mail before the visa expires, and all you should need to do is keep it current.

The catch is that the CR-2 would require a petition to remove conditions, in two years. The IR-1 should give you a Permanent Resident card good for ten years. Maybe, it doesn't really matter, because with the GC you should be able to get her citizenship as soon as she gets here.

Somebody help me out, I'm doing the IR-2 route for my step-daughter, but this is not quite the same situation.

You mentioned that your wife is a USC, are you? What is your status? If you are both USC, and the child is yours, then I think that the process should have been much easier. I think that there might have been an easier path. In any case, I think you are in good shape based on what you have said so far...

Chuck B.

chuckb thanks fot being interested.

first of all CCA 2000 is applicable for naturally born and adopted children

check this link, its the soul of the act itself.

you mentioned the CR-2 visa as a marriage based visa, and this is wrong.

because CR-1 is marriage based one, and they issue it if the marriage held for less than two years when applying for IV. and it results a 2 years green card

if more than two years passed on the given marriage, then they'll issue IR-1 visa which results a ten years green card

now unfortunatily there is no enough info about CR2 and IR2 visas but i read somewhere out of VJ that CR2 is for childrens born outside the US for a USC.

to clear the thing for you, my wife is a USC and she didnt meet the derivitave citizenship requirements because there are some residency requirements the USC must meet to derive his citizenship to their children, thats why the embassy asked us to apply for an immigartion visa(I-130 petition)

then they approved, and finally couple days ago they issued CR@ visa on my daughter passpot.

but im not sure what will happen when they arrive here in the US and what is the next step

but based on my little knowledge in this complicated field i read that she is covered under the CCA2000 and the requirements for getting the US citizenship are met with her,and there is no need to apply for the citizinship certificate or any thing else, just for the passport

after entering the US as a lawful immigrant and at least one parent having the USC and the child in that USC custody.

thats why i see my daughter applicable under this act.

but im not sure ,and that why i post my daughter's situation right here in VJ.

now to answer ur question about my case, I'm a green card holder because my wife applied for immigartion visa for me abut 11 months ago.

and the issued me a CR-! visa and my green card will expire by Dec 2009, and i'll make sure to adjust my status by then or 90 days before then.

its rediculouse acts, my wife is a USC, so our child supposed to be a USC also, but they have a residency requirements if the child has only one USC parent, which is being in the US for 5 years, two of which after the age of 14, but my wife didnt meet that especially with the two years condition.

but there is a complementary for that act said if the USC parent dont meet these requirements, they might look at the grandparents if they do.

and my mother in law, yes she live her 55 years old in the US , and this is another reason why im confused and keep telling my family that the embassy made a mistake and went thu a wrong process because they supposed to give my baby the citizenship based on that act.

but this is what happened and i cant change it, they issued her the visa and they are coming in the next weeks and finally after 11 months we will be a family again.

thanks again for reading my post and good luck with yours

Rami

Filed: Citizen (apr) Country: Canada
Timeline
Posted

When you get to the US, make an infopass apt and speak to a USCIS officer and find out what to do with your daughter and the CCA

https://infopass.uscis.gov/info_en.php

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

  • 1 month later...
Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted

HHHIIIII RAMI! oh my goodness, i thank the heavens above that i read your post! i hope you still check your VJ! we have the exact same situation! i totally can not believe it! our stories are very similar and for months now I have been trying to look for answers for my child and husband. ok so here's my story!

The same with your wife, I was born in the United States, my mother was only an immigrant visa. then when i was still an infant, she decided to go back home to the philippines where my parents are originally from. so basically I grew up in the philippines, went to school there and everything. but i did come to the united states for holidays and vacations, during summer but basically grew up in the philippines. i never let go of my united states citizenship! i never got any dual citizenship so i was never filipino, always american and everytime my passport expired, i just went to the embassy in manila to renew it.

ok so i got married in the philippines to my wonderful pakistani man! (he at that time was a medical student in the philippines and on a student visa). our baby came too early...hahahaha...we were both very young me 24 and he 24 also. but we thank GOD for our wonderful bundle of joy. then came disastrous news! i thought my son would also get america citizenship through me, his mother but the consul at the us embassy in the philippines said i also did not meet physical requirements in the united states (5 years). she advice that i will petition my son instead. i then asked, how long that will take...and she said 1 year? what the hell right! i was so mad and i was crying! a year to have my son to come to the united states? but im his mother! im american? shouldn't a child a year old child be with his mother and she says one year!

so i said forget it, fine, let me finish school...because that time i was a graduating student of nursing school....so after graduating nursing school, i left the philippines...i left the love and light of my life...my husband and my child...i left them, the most painful and hardest part i had ever gone through. but i gave them my promise that i would work all my bones, sweat, and tears to bring them to america!

i know i could have petitioned them through the us embassy in manila but i was unemployed, no tax returns, and just graduated...i needed to find stability and residency here in america. and besides, no relatives willing to help for co sponsorship....that totally sucked...but so what...i told myself i could do it all for my family!

i am now here in the united states, i found a job, been working 5 months now...and i have been away from them for 6 months! ....how time flies...

so my questions to you rami are:

what petition did your wife do for you? i am doing my husbands petition here...through the USCIS because obviously i am here...i want him here soon...i miss him very much and i am torn between K3 and CR1...please tell me how you did yours!

also for my son...do i file a separate I-130 for my son? (another fee of 355$...one for my husband...one for my son? 355$ +355$ for husband and son)? also, my son is not elegible for a K4 right because he is also my son and not only my husband's son...

source: http://travel.state.gov/visa/laws/telegram...grams_1431.html

Note that a child of a U.S. citizen petitioner is not eligible for a K4 visa unless that child is also a derivative child of an eligible K3 spouse. Unlike the K3, the K4 is not a close substitute for an IR2 immigrant visa. Most K4 recipients will probably be stepchildren of U.S. citizen petitioners.

after filling I 130 for my son...what are the next steps? you are right, they don't put much info for CR2 or IR2...and i didnt even know there was such a thing as CR2...I mean what i know is IR2 for the child only...how did you end up getting a CR2? all i know right now is after the I 130, they give you a receipt and they do the visa processing at the embassy in manila and my son is suppose to go there? but thats all i know...i need more info...

also, its such a relief that my son doesnt need the Affidavit of support!...so that does mean for my husbands Affidavit of support...i should only calculate for 2 family unit? for me and my husband only since you said your daughter was exempted?

about your daughter's situtation...my cousin sent me this info: i think it might help you..

If the applicant (child) does not qualify for U.S. citizenship due to a lack of the parent's physical presence or if the child was born before the parent(s) acquired U.S. citizenship, he/she may still be eligible to acquire U.S. citizenship under the following methods:

* Child Citizenship Act of 2000 or

* Expeditious Naturalization for Children Born Outside the United States

EXPEDITIOUS NATURALIZATION CHILDREN BORN ABROAD TO A U.S. CITIZEN PARENT

USING GRANDPARENTS' PHYSICAL PRESENCE IN THE UNITED STATES TO HELP THE CHILD BECOME A U.S. CITIZEN

Q. If my child is born abroad, is the child a U.S. citizen?

A. Your child may be a U.S. citizen if you meet the requirements of the Immigration and Nationality Act to transmit citizenship.

Q. What are those requirements?

A. If you and your spouse are both U.S. citizens, and one of you resided in the United States or an outlying possession prior to the child's birth, and the child was born in wedlock, your child born abroad acquires U.S. citizenship under Section 301© INA. If your spouse is an alien, you must have lived in the United States for a specific period of time before the child was born to transmit citizenship. For children born on or after November 14, 1986, the U.S. citizen parent must have lived in the United States or an outlying possession for 5 years, 2 after the age of 14, prior to the birth of the child.

See our information regarding acquisition of U.S. citizenship and physical presence requirements.

Q. What if I haven't lived in the United States for the required period of time, how can my child become a U.S. citizen?

A. Section 322 of the Immigration and Nationality Technical Correction Act of 1994 became effective April 1, 1995. It enables you to apply for the expeditious naturalization of your child.

Q. How does this work?

There are two options, and the one you choose may depend on where you are residing.

1. If you and your child are living in the United States and the child entered the United States with a U.S. Immigrant Visa as a permanent resident, apply at the BCIS District Office with jurisdiction over your place of residence in the United States. To find out where those offices are located, contact the BCIS Information Service Line at 1-800-755-0777 or see the BCIS website for a list of BCIS field offices.

2. If you and the child are residing abroad, the child may be eligible for expeditious naturalization if your parent, the child's U.S. citizen grandparent, was physically present in the United States for a period totaling 5 years, 2 after the age of 14. The grandparent can be living or deceased at the time of the application. If deceased, the grandparent must have been a citizen prior to the child's birth and at the time of the grandparent's death.

Q. I will be living abroad with my family for some time. How do I apply for expeditious naturalization for my child using the "grandparent" procedure?

A. Complete and file BCIS forms N-600 - Application for Certificate of Citizenship and N-600/N-643 Supplement A - Application for Transmission of Citizenship through a Grandparent. Send form N-600, N-600/N-643 Supplement A, supporting documents, and the required fee to one of the 51 BCIS field offices in the United States . For information about how to obtain BCIS forms click here or call 1-800-870-3676.

BCIS will determine whether your child is eligible and approve the application, then forward you a letter and naturalization appointment date. You present the BCIS approval and appointment letter to the U.S. Embassy or Consulate.

The U.S. Embassy or Consulate will issue the child a B-2 visa. This procedure allows parents to make a one stop visit to the United States for the purposes of naturalizing their child as a U.S. citizen.

Q. Can I use my parents' (the child's U.S. citizen grandparents') physical presence in the United States to just apply for a U.S. passport and Foreign Service Report of Birth of the U.S. citizen abroad and avoid the visa and naturalization process?

A. No. The Technical Correction Act of 1994 did not amend Section 301 (G) of the Immigration and Nationality Act regarding acquisition of U.S. citizenship of children abroad. Section 322 INA created a procedure for expeditious naturalization of an alien child born to a U.S. citizen parent.

Q. Are there any time limits for the application?

A. For the naturalization benefit to be granted, the application must be filed, adjudicated and approved by BCIS, with the oath of allegiance administered before the child's 18th. birthday.

Q. How can I find out more about this process?

A. If you have any questions on the application process or need additional application forms, please contact the Branch Chief, Customer Service, BCIS Headquarters Benefits, 425 I Street N.W., Room 3214, Washington, DC 20536; Telephone 1-800-375-5283 or see the BCIS website at http://www.uscis.gov/graphics/index.htm

also...how come your wife is not in the united states? if she comes to the united states with her us passport and your daughter's visa...your daughter will come in as an LPR and then just file for citizenship. i will look into this more...i cam across it a couple of times...i even book marked it but have to look for it because my son's situations is still the same...

I HOPE FOR YOU REPLY SOON! REALLY NEED YOUR HELP! AT YOU LEAST YOU GOT TO THE U.S. ALREADY...IM STILL JUST STARTING TO PETITION MY SON AND HUSBAND...MISS THEM SO MUCH WANNA DO IT ASAP! PLEASE HELP ME

June 2004...i sat down on the bench to tie my shoelaces (literally) not knowing i would marry the man i just sat down next to...

Oct. 18, 2007...Married

Oct. 27, 2007...my beautiful son is born

USCIS IR-1/CR-1 Visa Journey

Service Center : Vermont Service Center

Consulate: Manila, Philippines

Feb. 05, 2009: I 130 sent

Feb. 12, 2009: NAO1

Feb. 17, 2009: first touch

Feb. 18, 2009: Touch

May 01, 2009: Touch and NAO2 mailed...yeah hey!

May 08, 2009: NAO2 in the mail

NVC Journey

May 15, 2009: NVC case number

May 18, 2009: Gave email add to NVC

May 28, 2009: Received DS 3032 / I-864 Bill

June 1, 2009: Paid I-864 Bill

June 5, 2009: sent AOS stuff

June 29, 2009: sent DS 230

June 28 - Aug. 8: i spent time with my boys in the philippines

IN A BIG HUGE BLUR...OUR CASE WAS COMPLETED AUGUST 5, 2009 (AFTER RFE: HUSBAND'S ORIGINAL BIRTH CERTIFICATE) AND MY HUSBANDS INTERVIEW WILL BE SEPTEMBER 25, 2009...WE HOPE AND PRAY WE GET IT!

CURRENTLY DOING: PREPARING DOCUMENTS FOR MY SON'S PETITION!

...I am one day further from the last time I saw you but I am one day closer to the next time I will...

Posted
HHHIIIII RAMI! oh my goodness, i thank the heavens above that i read your post! i hope you still check your VJ! we have the exact same situation! i totally can not believe it! our stories are very similar and for months now I have been trying to look for answers for my child and husband. ok so here's my story!

The same with your wife, I was born in the United States, my mother was only an immigrant visa. then when i was still an infant, she decided to go back home to the philippines where my parents are originally from. so basically I grew up in the philippines, went to school there and everything. but i did come to the united states for holidays and vacations, during summer but basically grew up in the philippines. i never let go of my united states citizenship! i never got any dual citizenship so i was never filipino, always american and everytime my passport expired, i just went to the embassy in manila to renew it.

ok so i got married in the philippines to my wonderful pakistani man! (he at that time was a medical student in the philippines and on a student visa). our baby came too early...hahahaha...we were both very young me 24 and he 24 also. but we thank GOD for our wonderful bundle of joy. then came disastrous news! i thought my son would also get america citizenship through me, his mother but the consul at the us embassy in the philippines said i also did not meet physical requirements in the united states (5 years). she advice that i will petition my son instead. i then asked, how long that will take...and she said 1 year? what the hell right! i was so mad and i was crying! a year to have my son to come to the united states? but im his mother! im american? shouldn't a child a year old child be with his mother and she says one year!

so i said forget it, fine, let me finish school...because that time i was a graduating student of nursing school....so after graduating nursing school, i left the philippines...i left the love and light of my life...my husband and my child...i left them, the most painful and hardest part i had ever gone through. but i gave them my promise that i would work all my bones, sweat, and tears to bring them to america!

i know i could have petitioned them through the us embassy in manila but i was unemployed, no tax returns, and just graduated...i needed to find stability and residency here in america. and besides, no relatives willing to help for co sponsorship....that totally sucked...but so what...i told myself i could do it all for my family!

i am now here in the united states, i found a job, been working 5 months now...and i have been away from them for 6 months! ....how time flies...

so my questions to you rami are:

what petition did your wife do for you? i am doing my husbands petition here...through the USCIS because obviously i am here...i want him here soon...i miss him very much and i am torn between K3 and CR1...please tell me how you did yours!

also for my son...do i file a separate I-130 for my son? (another fee of 355$...one for my husband...one for my son? 355$ +355$ for husband and son)? also, my son is not elegible for a K4 right because he is also my son and not only my husband's son...

source: http://travel.state.gov/visa/laws/telegram...grams_1431.html

Note that a child of a U.S. citizen petitioner is not eligible for a K4 visa unless that child is also a derivative child of an eligible K3 spouse. Unlike the K3, the K4 is not a close substitute for an IR2 immigrant visa. Most K4 recipients will probably be stepchildren of U.S. citizen petitioners.

after filling I 130 for my son...what are the next steps? you are right, they don't put much info for CR2 or IR2...and i didnt even know there was such a thing as CR2...I mean what i know is IR2 for the child only...how did you end up getting a CR2? all i know right now is after the I 130, they give you a receipt and they do the visa processing at the embassy in manila and my son is suppose to go there? but thats all i know...i need more info...

also, its such a relief that my son doesnt need the Affidavit of support!...so that does mean for my husbands Affidavit of support...i should only calculate for 2 family unit? for me and my husband only since you said your daughter was exempted?

about your daughter's situtation...my cousin sent me this info: i think it might help you..

If the applicant (child) does not qualify for U.S. citizenship due to a lack of the parent's physical presence or if the child was born before the parent(s) acquired U.S. citizenship, he/she may still be eligible to acquire U.S. citizenship under the following methods:

* Child Citizenship Act of 2000 or

* Expeditious Naturalization for Children Born Outside the United States

EXPEDITIOUS NATURALIZATION CHILDREN BORN ABROAD TO A U.S. CITIZEN PARENT

USING GRANDPARENTS' PHYSICAL PRESENCE IN THE UNITED STATES TO HELP THE CHILD BECOME A U.S. CITIZEN

Q. If my child is born abroad, is the child a U.S. citizen?

A. Your child may be a U.S. citizen if you meet the requirements of the Immigration and Nationality Act to transmit citizenship.

Q. What are those requirements?

A. If you and your spouse are both U.S. citizens, and one of you resided in the United States or an outlying possession prior to the child's birth, and the child was born in wedlock, your child born abroad acquires U.S. citizenship under Section 301© INA. If your spouse is an alien, you must have lived in the United States for a specific period of time before the child was born to transmit citizenship. For children born on or after November 14, 1986, the U.S. citizen parent must have lived in the United States or an outlying possession for 5 years, 2 after the age of 14, prior to the birth of the child.

See our information regarding acquisition of U.S. citizenship and physical presence requirements.

Q. What if I haven't lived in the United States for the required period of time, how can my child become a U.S. citizen?

A. Section 322 of the Immigration and Nationality Technical Correction Act of 1994 became effective April 1, 1995. It enables you to apply for the expeditious naturalization of your child.

Q. How does this work?

There are two options, and the one you choose may depend on where you are residing.

1. If you and your child are living in the United States and the child entered the United States with a U.S. Immigrant Visa as a permanent resident, apply at the BCIS District Office with jurisdiction over your place of residence in the United States. To find out where those offices are located, contact the BCIS Information Service Line at 1-800-755-0777 or see the BCIS website for a list of BCIS field offices.

2. If you and the child are residing abroad, the child may be eligible for expeditious naturalization if your parent, the child's U.S. citizen grandparent, was physically present in the United States for a period totaling 5 years, 2 after the age of 14. The grandparent can be living or deceased at the time of the application. If deceased, the grandparent must have been a citizen prior to the child's birth and at the time of the grandparent's death.

Q. I will be living abroad with my family for some time. How do I apply for expeditious naturalization for my child using the "grandparent" procedure?

A. Complete and file BCIS forms N-600 - Application for Certificate of Citizenship and N-600/N-643 Supplement A - Application for Transmission of Citizenship through a Grandparent. Send form N-600, N-600/N-643 Supplement A, supporting documents, and the required fee to one of the 51 BCIS field offices in the United States . For information about how to obtain BCIS forms click here or call 1-800-870-3676.

BCIS will determine whether your child is eligible and approve the application, then forward you a letter and naturalization appointment date. You present the BCIS approval and appointment letter to the U.S. Embassy or Consulate.

The U.S. Embassy or Consulate will issue the child a B-2 visa. This procedure allows parents to make a one stop visit to the United States for the purposes of naturalizing their child as a U.S. citizen.

Q. Can I use my parents' (the child's U.S. citizen grandparents') physical presence in the United States to just apply for a U.S. passport and Foreign Service Report of Birth of the U.S. citizen abroad and avoid the visa and naturalization process?

A. No. The Technical Correction Act of 1994 did not amend Section 301 (G) of the Immigration and Nationality Act regarding acquisition of U.S. citizenship of children abroad. Section 322 INA created a procedure for expeditious naturalization of an alien child born to a U.S. citizen parent.

Q. Are there any time limits for the application?

A. For the naturalization benefit to be granted, the application must be filed, adjudicated and approved by BCIS, with the oath of allegiance administered before the child's 18th. birthday.

Q. How can I find out more about this process?

A. If you have any questions on the application process or need additional application forms, please contact the Branch Chief, Customer Service, BCIS Headquarters Benefits, 425 I Street N.W., Room 3214, Washington, DC 20536; Telephone 1-800-375-5283 or see the BCIS website at http://www.uscis.gov/graphics/index.htm

also...how come your wife is not in the united states? if she comes to the united states with her us passport and your daughter's visa...your daughter will come in as an LPR and then just file for citizenship. i will look into this more...i cam across it a couple of times...i even book marked it but have to look for it because my son's situations is still the same...

I HOPE FOR YOU REPLY SOON! REALLY NEED YOUR HELP! AT YOU LEAST YOU GOT TO THE U.S. ALREADY...IM STILL JUST STARTING TO PETITION MY SON AND HUSBAND...MISS THEM SO MUCH WANNA DO IT ASAP! PLEASE HELP ME

Waw

its a long story, and almost the same to mine, i'll print this out and after read it carefully i'll reply to you with my best knowledge, i'll try to share my experience with you.

good luck.

just a quick clue; filing from overseas is much quicker than filing thru the USCIS, so take this under consideration, i didnt read the whole post but as what i said, let me print it out, and while going home on the train i'll try to answer your questions

-Rami

 
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